Part II General Functions and Procedure

Attendance of witnesses and production of documents

62 Procedure for requiring attendance.

1

The powers of the Assembly under section 61(1) above may be exercised by and for the purposes of an ordinary committee of the Assembly, if the committee is expressly authorised to exercise those powers by the standing orders or by the Assembly, but may not be exercised by any individual Assembly member or by any member of staff of the Authority.

2

Except in the case of a committee which is authorised by standing orders to exercise the powers of the Assembly under section 61(1) above, section 54 above shall not apply in relation to—

a

the Assembly’s function of deciding to exercise its powers under section 61(1) above; or

b

the Assembly’s function under subsection (1) above of authorising a committee to exercise those powers.

3

In order to impose a requirement on a person under section 61(1) above the head of the Authority’s paid service must give him notice specifying—

a

the time and place at which he is to attend and the matters about which he is to be required to give evidence, or

b

the documents, or types of documents, which he is to produce, the date by which he is to produce them and the matters to which the document or documents relate.

4

Where a requirement under section 61(1) above is imposed on a person to attend proceedings or produce documents on behalf of a body, the notice required to be given to him under subsection (3) above must also specify that body.

5

A notice required by subsection (3) above to be given to a person must be given at least two weeks before the day on which the proceedings are to take place, or by which the documents are to be produced, unless he waives this right.

6

A notice required by subsection (3) above to be given to a person shall be taken to have been given to him if it is sent by registered post or the recorded delivery service and—

a

if he is a member of staff of the Authority or the chairman of, a member of, or a member of staff of a functional body, it is sent to his normal place of work,

b

if he is a person required to attend proceedings or produce documents on behalf of a body, it is sent to the registered or principal office of the body,

c

if he is any other individual, it is sent to his usual or last known address, or

d

in the case of any person, where that person has given an address for service of the notice, it is sent to that address.